An Act to amend the Criminal Code and the Controlled Drugs and Substances Act

Sponsor

David Lametti  Liberal

Status

This bill has received Royal Assent and is, or will soon become, law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Criminal Code and the Controlled Drugs and Substances Act to, among other things, repeal certain mandatory minimum penalties, allow for a greater use of conditional sentences and establish diversion measures for simple drug possession offences.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

June 15, 2022 Passed 3rd reading and adoption of Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act
June 15, 2022 Failed Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act (recommittal to a committee)
June 13, 2022 Passed Concurrence at report stage of Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act
June 13, 2022 Failed Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act (report stage amendment)
June 9, 2022 Passed Time allocation for Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act
March 31, 2022 Passed 2nd reading of Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act
March 30, 2022 Passed Time allocation for Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act

Department of Health—Main Estimates, 2024-25Business of SupplyGovernment Orders

May 29th, 2024 / 10:40 p.m.
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York Centre Ontario

Liberal

Ya'ara Saks LiberalMinister of Mental Health and Addictions and Associate Minister of Health

Madam Chair, on the other side of the House, they roll out slogans that are literally written on the back of a napkin, rather than talking to experts or speaking to families and communities about what truly needs to be done to address this crisis. Their solution is criminalizing their loved ones. To that, I say that we cannot arrest our way out of a health crisis, and we are in a health crisis. People are dying and families are losing loved ones. We have to open the door for those loved ones who are struggling with addiction. They cannot just snap their fingers and get there. We need to give them a pathway to safety, one that is compassionate and based on evidence.

We know that safe consumption sites save lives. Over 55,000 overdoses have been overturned at safe consumption sites. That is 55,000 lives saved and over 471,000 referrals from safe consumption sites to treatment options. Those 471,000 lives were given a pathway to make better choices for themselves, to get help with their addiction. We cannot look away. Safe consumption sites in communities that are well managed and well resourced mean that we are meeting people where they are. We are not judging them, not stigmatizing them, not telling them to go to a back alley to shoot up and die. Rather, we would say, “Come on inside. Let me help you. Let's talk about it. I see you in your struggle.”

On that side of the House, they pit harm reduction against treatment. This is not an either-or debate. This is about saving lives. We have all lost someone. I have lost a dear friend to an overdose, someone who I knew all my life. Every resource was made available to him, and he died alone, leaving two beautiful children and a wife behind.

I am a mother. I worry about my kids. We all worry about our young people. That is why prevention is so important. That is why we have the no opioids program and the ease the burden program for our tradespeople. We are doing the work with jurisdictions in every community that we can. If anyone wants help in this country, we are there for them. That is why we have the ETF of $150 million in budget 2024. That is $150 million over the next three years for communities, indigenous communities and municipalities that need our help. On top of that, there is $200 billion in bilateral agreements, where over 30% on average is for mental health and substance use. This is on top of the health transfers because there is not one silver bullet to this.

Treatment is not the only answer. We have to get people to treatment. We cannot treat someone if they are dead. We cannot treat someone if they are dying at home alone, in a back alley, or on the streets of many communities in this country. We are losing people because there is a toxic, poisoned drug supply. That is where enforcement comes in with our pillars, and that is why we work with law enforcement. However, law enforcement is asking us to stand up in our communities to work with evidence, to work with experts, to work with peer support workers, outreach workers and health care workers to save lives.

It is uncomfortable to see someone struggle with addiction. Seeing someone in their most vulnerable and worst moment is painful, but on this side of the House, a comprehensive approach says that even if it is hard, even if it is uncomfortable, even if it is difficult, we do not look away. We meet the moment. We meet the challenge. We have spent a billion dollars since 2017, as opposed to the two-third cuts that were put in place under the previous government.

We know that it is not just about throwing money at this. It is about building the systems that we need with provincial partners who are responsible for health because this is a public health crisis. This is not a criminal one. That is why we put into place bills such as Bill C-5, to ensure that we are moving people out of the criminal justice system into health care and into supportive environments. Why is that? It is because we care.

Governments are meant to invest in their people. That is what we do on this side of the House: We invest in people. We do not cut. We do not look away. We say we are going to find the tools so that people can live one more day, and we can show them a pathway forward and a way to get the health care they need. Someone will address that wound. Someone will lead them to the supports that they need, but we have to invest in them.

Harm reduction is a key part of that process. To pit harm reduction against treatment is to say it is either-or, it is all or nothing, it is black or white, and it just takes treatment. It means that they are not seeing the person in front of them and the health and services they need. On this side of the House, for every single one of us who has lost a loved one to this opioid crisis and who wants communities and young people to be safe, we need to invest in a strategy that we know works. That is prevention, harm reduction, treatment, recovery and, yes, enforcement too. Public safety and public health go hand in hand.

We will not look away. I will not look away from the people who know we can save their lives, whether it is with naloxone kits, drug checking or safe consumption sites. We know that, when we close safe consumption sites, overdose deaths go up because people go back into the shadows. We want to bring people into the light. We want them to know that they are going to see another day and that we are investing in them because they matter.

That is the work we are doing. That is what I invite every member of the House to stand up for and support. The Nimbyism, the slogans, the fear and the stigma we are seeing on the other side will just put people back in the shadows. I want us to see the light.

JusticePetitionsRoutine Proceedings

May 29th, 2024 / 4:15 p.m.
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Conservative

Jamil Jivani Conservative Durham, ON

Mr. Speaker, I would like to table my very first petition as member of Parliament for Durham on behalf of my constituents and Canadians across the country who are concerned about rising rates of auto theft. This petition is signed by Canadians who are concerned about Liberal bail policies, Bill C-75 and Bill C-5, and their enabling of repeat offenders to continue committing crimes in our community.

Fall Economic Statement Implementation Act, 2023Government Orders

May 27th, 2024 / 7:15 p.m.
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Conservative

Kelly McCauley Conservative Edmonton West, AB

Mr. Speaker, I am glad my colleague brought up the issue around crime. Last month was the tragic one-year anniversary of a young mother and her young child being murdered on the streets of Edmonton by a man who had just been released on bail after assaulting a young girl and another person while he was out on parole after stabbing someone randomly and charged with attempted murder. He was out on parole after also trying to stab someone to death while also out on bail on four different violent assault charges.

The Liberals introduced Bill C-5 and Bill C-75, soft-on-crime bills. I wonder whether the member could perhaps give some feedback on why he thinks the Liberal government is prioritizing the rights of criminals instead of innocent victims.

Department of Justice—Main Estimates, 2024-25Business of SupplyGovernment Orders

May 23rd, 2024 / 11:10 p.m.
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Liberal

Arif Virani Liberal Parkdale—High Park, ON

Mr. Speaker, I would reiterate, for the edification of the member, that, through Bill C-5, we adopted many aspects of the original private member's bill that was suggested by the member for Beaches—East York, such as aspects and approaches toward the issue of simple possession. That included diversion and alternative measures.

Those are concrete examples of how we are taking a different approach, which is more focused on harm reduction for the issue of narcotics and simple possession.

Department of Justice—Main Estimates, 2024-25Business of SupplyGovernment Orders

May 23rd, 2024 / 11:05 p.m.
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Liberal

Arif Virani Liberal Parkdale—High Park, ON

Mr. Speaker, I would indicate that some of these questions might be best put at committee of the whole to the Minister of Health and the Minister of Mental Health and Addictions, who will be here next Wednesday in a similar format. I would also reiterate that, under Bill C-5, changes were implemented to encourage alternative responses to simple possession.

Department of Justice—Main Estimates, 2024-25Business of SupplyGovernment Orders

May 23rd, 2024 / 10:35 p.m.
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Liberal

Arif Virani Liberal Parkdale—High Park, ON

Mr. Speaker, Bill C-5 dealt with a number of issues that relate to mandatory minimum penalties, including the overrepresentation of indigenous and Black people in our justice system.

Department of Justice—Main Estimates, 2024-25Business of SupplyGovernment Orders

May 23rd, 2024 / 10:35 p.m.
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Conservative

Frank Caputo Conservative Kamloops—Thompson—Cariboo, BC

Mr. Speaker, did Bill C-5 eliminate the non-restricted mandatory minimum penalty, yes or no?

Department of Justice—Main Estimates, 2024-25Business of SupplyGovernment Orders

May 23rd, 2024 / 10:35 p.m.
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Conservative

Frank Caputo Conservative Kamloops—Thompson—Cariboo, BC

Mr. Speaker, it was section 344, but what was the mandatory minimum sentence for robbery with a firearm prior to Bill C-5?

Department of Justice—Main Estimates, 2024-25Business of SupplyGovernment Orders

May 23rd, 2024 / 10:35 p.m.
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Conservative

Frank Caputo Conservative Kamloops—Thompson—Cariboo, BC

Mr. Speaker, what was the minimum sentence for robbery with a firearm prior to Bill C-5?

Department of Justice—Main Estimates, 2024-25Business of SupplyGovernment Orders

May 23rd, 2024 / 8:30 p.m.
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Conservative

Jasraj Singh Hallan Conservative Calgary Forest Lawn, AB

Madam Chair, the minister is incorrect. I will give him one more chance.

Does he think it was wise to make it easier for a criminal to commit extortion with a gun through a Bill C-5, yes or no?

Department of Justice—Main Estimates, 2024-25Business of SupplyGovernment Orders

May 23rd, 2024 / 8:30 p.m.
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Liberal

Arif Virani Liberal Parkdale—High Park, ON

Madam Chair, there is a mandatory minimum penalty that is in place right now that was unchanged through Bill C-5. If someone does use—

Department of Justice—Main Estimates, 2024-25Business of SupplyGovernment Orders

May 23rd, 2024 / 8:30 p.m.
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Conservative

Jasraj Singh Hallan Conservative Calgary Forest Lawn, AB

Madam Chair, I will give the minister one more chance.

Bill C-5 repealed mandatory minimums for extortion with a gun. Why?

Department of Justice—Main Estimates, 2024-25Business of SupplyGovernment Orders

May 23rd, 2024 / 8:30 p.m.
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Conservative

Jasraj Singh Hallan Conservative Calgary Forest Lawn, AB

Minister, Bill C-5 repealed mandatory minimums for criminals committing extortion with a gun. Why?

Department of Justice—Main Estimates, 2024-25Business of SupplyGovernment Orders

May 23rd, 2024 / 8:30 p.m.
See context

Conservative

Jasraj Singh Hallan Conservative Calgary Forest Lawn, AB

Madam Chair, Bill C-5 took away mandatory minimums for criminals committing extortion with a gun. Why?

Department of Justice—Main Estimates, 2024-25Business of SupplyGovernment Orders

May 23rd, 2024 / 8:30 p.m.
See context

Conservative

Jasraj Singh Hallan Conservative Calgary Forest Lawn, AB

Madam Chair, the Liberal Bill C-5 made it easier for criminals to commit extortion with a gun. It makes it easier for them to get out of jail.

Have cases of extortion gone up since 2022, yes or no?